Tag: obstruction of justice

  • BULLETIN: Former Radio Host John Farahi Indicted In Alleged Ponzi Scheme; His Attorney Also Indicted Amid Allegations He Obstructed SEC Probe

    BULLETIN: John Farahi, a former Los Angeles radio host who once was a member of the city council of Reno, Nev., has been indicted on dozens of counts of defrauding investors and banks out of at least $20 million, federal prosecutors in the Central District of California said.

    David Tamman, an attorney, was indicted amid allegations he conspired with Farahi to obstruct an SEC probe. Farahi and Beverly Bills-based New Point Financial Services Inc. were charged civilly by the SEC in January 2010.

    Farahi, 54, resides in  Bel Air Estates. Tamman, 44, resides in Santa Monica.

    Prosecutors said Farahi falsely promised investors that “their money would be used to purchase corporate bonds backed by the Troubled Asset Relief Program,” alleging Tamman helped cover up the fraud.

    Most of Farahi’s investors were members of the Iranian-Jewish community, prosecutors said.

    “Farahi attracted many of the investors through his daily radio show in which he touted a conservative investment philosophy,” prosecutors said. “When Farahi met with investors he falsely told them New Point Financial Services invested in low-risk investments like certificates of deposit, TARP-backed corporate bonds, and deeds of trust backed by substantial amounts of borrower equity.”

    In reality, prosecutors said, Farahi used investors’ money to support his “lavish lifestyle,” to make Ponzi payments and engage in “high-risk and speculative future options trading.”

    Farahi lost “at least $15 million through his undisclosed” trading and continued to solicit new investors as losses piled up, prosecutors said.

    To keep the scheme afloat, Farahi drew down lines of credit and lied to banks, prosecutors said.

    After the SEC began its probe in 2009, Farahi and Tamman “engaged in a conspiracy” to backdate documents and remove “incriminating” documents, prosecutors said.

    Farahi was charged with 16 counts of mail fraud, five counts of selling unregistered securities, five counts of altering documents, four counts of loan fraud, four counts of obstruction of justice and single counts of conspiracy, wire fraud, aggravated identity theft, suborning perjury, concealing a material fact and witness-tampering.

    He faces a maximum prison term of 717 years, if convicted on all counts.

    Tamman is charged with five counts of alteration of records, three counts of obstruction of justice and single counts of conspiracy and of being an accessory after the fact to mail fraud and securities violations.

    If convicted on all counts, Tamman faces a maximum prison sentence of 190 years.

    The FBI and the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) led the criminal probe.

  • UPDATE: Judge Ordered Detention Of Kenneth Wayne Leaming To Continue After Initial Hearing; AdSurfDaily Figure And Purported ‘Sovereign Citizen’ Accused Of Filing Bogus Liens Against Bush Cabinet Secretary, Officials Involved In ASD Ponzi Case

    President Bush observes the 2006 swearing-in ceremony of incoming Transportation Secretary Mary Peters. Peters held the cabinet post between October 2006 and January 2009. Source: Wikipedia: White House photo by Paul Morse.

    UPDATED 5:42 P.M. ET (U.S.A.) Public officials involved in the AdSurfDaily Ponzi case were not the only targets of bogus liens filed by Kenneth Wayne Leaming, according to federal prosecutors in Seattle.

    Leaming, 55, also filed a lien against Mary Peters, the U.S. Secretary of Transportation under President George W. Bush during his second White House term, prosecutors said.

    In addition, prosecutors said Leaming filed liens against U.S. District Judge Rosemary Collyer; former U.S. Attorney Jeffrey A. Taylor; former assistant U.S. Attorney William Cowden; current assistant U.S. Attorney Vasu B. Muthyala; and Roy Dotson, a special agent of the U.S. Secret Service.

    Collyer is presiding over both the civil and criminal prosecutions connected to the ASD Ponzi case in the District of Columbia. The civil case, which led to the successful forfeiture of tens of millions of dollars in the personal bank accounts of ASD President Andy Bowdoin, was brought by Taylor’s office in August 2008.

    Cowden and Muthyala assisted in the prosecution against ASD-related assets, including more than $65.8 million in Bowdoin’s 10 bank accounts and more than $14 million in other bank accounts linked to Golden Panda Ad Builder, a companion autosurf.

    Dotson was a key investigator in the case, which was brought in part through the efforts of a Florida-based Task Force. Bowdoin was arrested in December 2010. He is free awaiting trial in the District of Columbia.

    Taylor was succeeded as U.S. Attorney by Ronald C. Machen Jr. Machen’s office was sued pro se earlier this month by ASD members Todd Disner and Dwight Owen Schweitzer of Miami. Disner, a cofounder of the Quiznos sandwich franchise,  and Schweitzer, a former attorney whose license was suspended in Connecticut,  asserted that prosecutors engaged in “character assassination” against Bowdoin and that the forfeiture case consisted of a “tissue of lies.” They also claimed Dotson’s affidavit that led to the seizure of Bowdoin’s assets was flawed and that 4th Amendment violations had occurred.

    Disner and Schweitzer also named Rust Consulting Inc., the government-approved claims administrator in the Ponzi case, a pro se lawsuit defendant. In September, Machen joined Assistant Attorney General Lanny Breuer in announcing that the government had returned $55 million to victims of the ASD Ponzi.

    Collyer ordered the forfeiture of Bowdoin’s assets in January 2010. Her rulings were upheld by the U.S. Court of Appeals. Bowdoin, 77, is using Facebook and a website known as “Andy’s Fundraising Army” to raise money for his criminal defense on charges of wire fraud, securities fraud and selling unregistered securities.

    Why Peters allegedly was targeted by Leaming was not immediately clear. But court records suggest the FBI is investigating Leaming ties to a Washington state group of “sovereign citizens” known as the “County Rangers.”

    Leaming was arrested on Tuesday. On Wednesday, he appeared before U.S. Magistrate Judge J. Richard Creatura in Tacoma. Creatura ordered Leaming’s detention to continue. The date of Leaming’s next court appearance was not immediately clear.

    Leaming, according to prosecutors, was found Tuesday with two federal fugitives from Arkansas who were indicted in February on federal charges related to an alleged envelope-stuffing scheme. Prosecutors identified the fugitives as Timothy Shawn Donavan and Sharon Jeannette Henningsen.

    Donavan and Henningsen have court histories that include declaring themselves “living breathing free” people to whom laws do not apply, according to records. Like Leaming, they are being held at the Sea Tac Federal Detention Center near Seattle.

    Leaming has been charged with retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title, an obstruction of justice statute.

    Among the government’s allegations against Bowdoin is that he falsely claimed to have received an important award for business acumen from President Bush in 2008. ASD members used Bush’s name in online promos, according to records.

    In July 2008 — as the Secret Service and the Task Force were investigating ASD — Bowdoin threatened to sue critics, according to court filings. After the seizure of his assets, he claimed the government’s action was the work of “Satan” and compared the seizure to the 9/11 terrorist attacks, which killed nearly 3,000 people in New York, Washington and Pennsylvania.

    Cowden, whose name was repeatedly misspelled as “Crowden” by pro se litigants in the forfeiture case, was derided as “Gomer Pyle” on the now-defunct, pro-ASD “Surf’s Up” forum. One ASD member opined that Cowden should be placed in a torture rack. Another said a “militia” should storm Washington. Still another issued a “prayer” that called for prosecutors to be struck dead.

    ASD critics were derided as “rats,” “maggots” and “cockroaches.”

    In December 2010, prosecutors linked ASD to E-Bullion, a defunct California payment processor operated by James Fayed. E-Bullion has been linked to several Ponzi schemes.

    Earlier this month, Fayed was formally sentenced to death for arranging the contract slaying of his estranged wife, Pamela Fayed.

    Pamela Fayed was slashed 13 times in a Greater Los Angeles parking garage in July 2008 while James Fayed sat on a bench within earshot of Pamela’s screams, according to records.

    At least one ASD member used E-Bullion to send money to ASD, according to federal court records. That member — former ASD “trainer” Erma Seabaugh of Missouri — was operating a purported “religious” nonprofit in Oregon and using ASD to promote a pyramid scheme, according to records.

     

  • Are ASD Members Waging Ongoing Misinformation Campaign To Suppress Victims’ Count And Obstruct Justice? Note Instructs Members NOT To File For Restitution

    Andy Bowdoin

    The now-defunct Surf’s Up forum was AdSurfDaily’s officially endorsed news venue. It became so on Nov. 27, 2008, a little more than a week after a key court ruling went against ASD, a Florida company implicated by the U.S. Secret Service in an alleged $100 million Ponzi scheme. Surf’s Up routinely deleted posts that challenged ASD President Andy Bowdoin, and routinely suppressed information unfavorable to ASD.

    Surf’s Up was known for conflating fantastic realities to accommodate unpleasant fact sets. Among the unanswered questions as the ASD investigation proceeds is whether the forum and some of its members were/are engaging in efforts to obstruct justice by asking victims to spread misinformation.

    Some ASD and Surf’s Up members recently received the email below, which fractures facts and appears to encourage members to spread misinformation and not to participate in the federal restitution program. (Italics and carriage returns added. PP Blog’s Notes in Bold.)

    “Please pass this on to your group and ask them to pass it on to others who were in ASD. The lawsuit filed against ASD, Andy and his wife Faye was decided in ASD’s, Andy’s & Faye’s favor a few months ago. (PP Blog Notes: The lawsuit was not decided in favor of ASD, Andy Bowdoin or Faye Bowdoin. Florida dropped the lawsuit “without prejudice,” meaning it can be refiled. The state said it had turned over a victim’s list to the federal government for the purposes of securing restitution from funds seized by the U.S. Secret Service.)

    “In October the state of FL dropped all charges against ASD. (PP Blog Notes: See note above.)

    “The Federal charges are all that is left to be addressed and progress will be made on that this month. Unfortunately if members respond to this notice and file a claim, they will be contributing to ASD losing its case because the government will use it as evidence that ASD created these “victims.” (PP Blog Notes: Is this a deliberate attempt to suppress the victims’ count and a bid to obstruct justice? Beyond that, Andy Bowdoin’s appeal of the forfeiture of money he advised a federal judge belonged to him is hardly the sole, unsettled legal issue. It is known, for example, that a criminal grand-jury probe has been under way. Bowdoin references the criminal probe in his own court filings. It is possible that criminal indictments against multiple individuals could be returned.)

    “I have told this man that but he persists because he will make money from ‘helping.’ If ASD loses its case, THEN it would be appropriate to follow up these options, but not until then.

    “My husband was hit by a car while he was bicycling and I have been struggling to care for him at home alone. I am 63, 105 lbs and he is functionally quadriplegic (which means that there is much to be hopeful for but, in the meantime, it is very challenging). For this reason I am unable to keep everyone updated as I had hoped to do and I have been unable to spearhead a member campaign to help the effort as I had also hoped to.

    “God’s Blessings,
    Sara”

    (PP Blog Notes: The section of the note above even could bring things such as practicing law without a license into play because it introduces an “if, THEN” proposition that lays out a legal strategy. For example, “if” ASD loses the forfeiture proceeding in the appeals court, only “THEN” should victims register for the restitution program. One of the core problems is that there may be no way of knowing precisely when the appeals court will issue its ruling (oral arguments scheduled for this month have been canceled, and the appeals court will decide the issues based on briefs from both sides). Meanwhile, the restitution/remission forms victims must file are due by Jan. 19, 2011. Victims who follow the advice in the email could be denied a refund.)

    See related story.

  • Feds Charge Robert Stinson Criminally On Heels Of SEC Lawsuit; Prosecutors Say ‘Life’s Good’ Operator Stole More Than $17 Million In Ponzi Scheme, Wired Money Even As FBI Was Conducting Raid

    Even as the FBI was executing search warrants in the case of Life’s Good Inc. operator Robert Stinson Jr., Stinson was “wiring stolen funds out of Life’s Good bank accounts to other accounts,” federal prosecutors said.

    That act alone led to criminal charges of obstruction of justice. In a 26-count indictment in an alleged Ponzi scheme in which Stinson was accused of stealing more than $17 million from more than 260 investors, Stinson also was charged with wire fraud, mail fraud, money-laundering, bank fraud, filing false tax returns and making false statements to federal agents.

    At 12:06 p.m. on June 29 — the date of the raid and while federal agents were executing search warrants — Stinson began a series of wire transactions in which he moved at least $225,000 to prevent the cash from being seized, according to the indictment.

    Two of the transactions occurred during the same minute and involved two separate banks, according to the indictment.

    The scam involved promises of fixed returns of between 8 and 16 percent in four bogus real-estate hedge funds, prosecutors said. They added that Stinson was not a graduate of the Massachusetts Institute of Technology or Pennsylvania State University, as he had claimed.

    Although Stinson, 55, of Berwyn, Pa., told a tale of fabulous business success, he actually was a recidivist securities offender and had multiple fraud convictions. Part of his most recent fraud involved and online “webinar” and a PowerPoint presentation, according to the indictment.

    Stinson claimed to have “funded millions of dollars in real estate rehab and improvements as well as saved over 1,500 families from foreclosure free of charge,” according to the indictment.

    “Advisors” who drove business to the criminal firm were paid commissions of between 5 percent and 10 percent of the money they brought in.

    In 1986, he was convicted of wire fraud and larceny in U.S. Court in Delaware, according to records. In 1987, he was convicted of forgery and larceny in New Jersey state court. During the same year, he was convicted of mail fraud in U.S. District Court for the Eastern District of Pennsylvania.

    Meanwhile, in 1996, he was convicted of criminal conspiracy in state court in Pennsylvania. In 2001, he was convicted of bank fraud in U.S. District Court for the Eastern District of Pennsylvania.

    Stinson filed two bankruptcy petitions in 1999, one in October and another in December, according to records.

    Nine years earlier, in 1990, he was charged with fraud by the SEC. He was ordered to pay a judgment of $7,680, but the judgment remains unpaid, according to court filings.

    The SEC sued Stinson in June. The criminal probe was conducted by the FBI, the IRS and the U.S. Postal Inspection Service.

    If convicted on all counts, Stinson faces a maximum sentence of 329 years in federal prison and a fine of $6.8 million.

  • EDITORIAL: In The Past 24 Hours On The PP Blog . . .

    Some things have happened here in the past 24 hours that deserve their own post and discussion thread.

    EXTREMELY NOTEWORTHY

    Poster “Tony H,” a longtime, thoughtful contributor, observed there could be more than one reason why some ASD members appear to be trying to discourage other members from filling out the government information form and claim form that will follow.

    “Perhaps the reason some ponzi promoters have been advising the flock not to file a claim is because the ponzi supporters have filed multiple claims themselves,” Tony said.

    Tony’s post struck us instantly as worthy of a wide-ranging discussion. Previously we noted that various bids to discourage ASD members from filing claims and cooperating with investigators smacked of a conspiracy to obstruct justice. We still believe that to be true.

    But, as Tony pointed out, the shenanigans may not begin and end there. If he is correct, one possible reason some ASD members are discouraging others from filing claims is to create a condition under which they can maximize their shares of the restitution pool at the expense of victims, thus fleecing them twice.

    If fewer people file claims, the pro rata shares of refunds from the government program would be higher. Beyond that, if an upline sponsor is discouraging downline members from filing individual claims by casting the government as evil, it could set the stage for all kinds of shenanigans.

    • Upline sponsors could gain disproportionate shares of the restitution pool because “Mom” and “Pop” in the downline — the real victims — became fearful of filing a claim.
    • Upline sponsors could be trying for reasons of self-interest to plant the seed that the sponsor has a duty to file a claim for the entire downline. Are some upline sponsors employing tactics of deceit, perhaps by saying things such as, “Don’t worry; I’ll fill out the form for you” or “Filling out the form only will get you in trouble” or “My downline members all agree that I’ll file the only claim and distribute refunds to members when I get the money from the government?”

    The rules suggest each ASD member is/will be required to file an individual claim through a process in forfeiture cases known as “remission.” Upline sponsors appear to have no authority to file claims for downline members.

    Because it is known that some downline members paid upline sponsors directly for “ad-packs” — as opposed to paying ASD itself for “ad-packs” — is is possible that some sponsors may try to manipulate members into not filing claims in a bid to keep the heat off the sponsors. Such direct sales by sponsors could affect a downline member’s standing in the case if the downline member cannot produce documentation that the purchase was made directly from ASD.

    This is troubling. As poster “dirty_bird” has noted, such devious upline tricks have been pulled in other dying Ponzi schemes — and ASD is known to have a good number of professional Ponzi promoters in the organization.

    We encourage readers to share their thoughts on this issue.

    NOTEWORTHY

    ASD mainstay Bob Guenther, de facto head of the ASD Members Business Association (ASDMBA), once again rattled the china when he bulled his way into a thread here.

    In one thread, Guenther said the government was capturing “personal information” from people who called the new Justice Department hotline for ASD or visited the website prosecutors set up for ASD victims.

    “So because the US Government sets up a hotline and a website, both of which will capture YOUR personal information, people think they will see a refund,” Guenther said.

    We wondered if it had not occurred to Guenther that victims in criminal cases all have to make a showing to receive justice. It’s one of the reasons rape cases often are particularly difficult to prosecute and why prosecutors set up information/support networks to aid victims through horribly painful ordeals.

    At the same time, we wondered why Guenther — who implies he can help ASD members get refunds faster than the government — suggested the government hotline was nefarious, that people should avoid it because of all the purported capturing of personal information.

    Perhaps the answer to that question can be found in yet another thread into which Guenther plowed. He reminded our readers that ASDMBA used “pressure” to gain a refund for an ASD member.

    “Let’s just say a little pressure was applied in the right places,” he said. Guenther was describing a case in which ASDMBA encouraged website visitors to “make Dan Trost’s life miserable until he refunds Mr. Smith’s $2,000.00 dollars.”

    For good measure, the ASDMBA website provided Trost’s postal address, email address and phone number, along with these instructions:

    Call, email and write this man until he gives Bill Smith, Jr. his $2,000.00,” the ASDMBA website instructed, on a page marked “Testimonials.”

    “With Unity there is Power,” ASDMBA instructed.

    People can get in trouble for engaging in threatening behavior and vigilanteism.

    NOTEWORTHY

    A poster, “Arnet,” pointed out that there seems to be a disparity between the amount ($93.5 million) the U.S. Secret Service listed as seized in the ASD case and the amount ($65.8 million) federal prosecutors said was seized from ASD President Andy’s Bowdoin’s bank accounts.

    Arnet noted the disparity is $27.7 million.

    We noted that Golden Panda also is part of the ASD case, and the total seizure listed from Golden Panda/ASD combined was $79.88 million. This takes the seeming disparity down to $13.62 million.

    But we also pointed out that perhaps no disparity exists because of reconciliations that occurred after the seizure. Some banks might have stopped payment on seized checks that had been deposited, for example.

    It’s also possible that no disparity exists because the ASD case is proceeding on two separate tracks — civil and criminal — and that the $93.5 million figure reported by the Secret Service reflects what is publicly known about the forfeiture case ($79.88 million) and an additional amount that is filed under seal in a criminal matter.

    It could be that $13.62 million — the difference between the amount published in the forfeiture case ($79.88 million) and the total seizure amount published by the Secret Service ($93.5 million) — is being held in a separate account in a case under seal.

    As we pointed out, we’re not sure precisely what accounts for the seeming disparity of $13.62 million. We believe it a virtual certainty, however, that no disparity actually exists.

    We believe the government will explain this issue in detail at an appropriate time. The investigation still is in progress. It’s important to remember it also involves the LaFuenteDinero autosurf, and that information concerning how LaFuenteDinero managed its operations and finances is particularly sketchy.

  • INCREDIBLE: Yet Another Florida Man Indicted In Alleged Ponzi Scheme; Prosecutors Say Sean Healy Of Weston Bought A Bentley And ‘Several Ferraris’

    There has been nonstop news about Florida Ponzi schemes in the past 48 hours. Several indictments have been announced, the latest involving Sean Healy of Weston.

    Healy, 38, was charged in a 55-count indictment unsealed in Pennsylvania with multiple counts of wire fraud, mail fraud, money laundering and obstruction of justice.

    Prosecutors said Healy “spent the money to fund a lavish lifestyle.”

    Purchases included “numerous exotic vehicles and sport cars, including a Bentley and several Ferraris, Lamborghinis and Porsches worth over $2.3 million,” prosecutors said.

    Obstruction of justice was charged because Healy thwarted a grand jury by providing “phony bank statements and phony trading records, indicating that the Pennsylvania investor’s money was used for legitimate trading activity in stocks and commodities,” prosecutors said.

    “When the authentic records were obtained, they revealed that Healy had simply spent the money on his extravagant lifestyle and used some of it to pay back earlier investors who he defrauded between 2003 and 2008,” prosecutors said.

    The grand-jury probe began in March, after an investor who had been scammed in Pennsylvania sued Healy and his wife, Shalese Rania Healy, in U.S. District Court in the Southern District of Florida, alleging that Pennsylvania investors had lost $14.6 million with Healy between April 2008 and February 2009.

    In July, the SEC and CFTC sued Healy in a case that alleged massive fraud. Also named in the complaints was Healy’s company, Sand Dollar Investing Partners LLC. Healy’s wife was named a relief defendant, meaning investigators believed she had received ill-gotten gains from the scheme.

    CFTC said investor funds also were used to purchase gold bullion and “to lease a luxury suite at Miami’s BankAtlantic Arena.”

    The sky was the limit, said an SEC official.

    “Rather than investing the money as he promised, Sean Healy used investor funds to finance an extravagant lifestyle for himself and his family,” said Antonia Chion, associate director of the SEC’s Division of Enforcement.

    The July complaint by the SEC also alleged that Healy provided false information to the U.S. Attorney’s Office for the Middle District of Pennsylvania, which brought the obstruction charges and the other charges. The indictment was unsealed yesterday in Harrisburg, Pa.

    Dennis Pfannenschmidt, U.S. Attorney for the Middle District of Pennsylvania, cataloged the spectacular purchases Healy allegedly made with investors’ funds.

    In addition to the automobles, Healy also bought a $2.4 million waterfront mansion furnished with more than $2 million of home improvements, plus $1.5 million in men’s and women’s jewelry, Pfannenschmidt’s office said.

  • OBSTRUCTION? ASD Spokeswoman Whose Name Appeared In Secret Service Filing Says She Instructed Members NOT To Fill Out Government Form; Now Appears To Be Advising Members To Clam Up If Contacted By Agents

    Andy Bowdoin’s recent court filings are “delusional,” federal prosecutors said yesterday.

    And now a woman who apparently is AdSurfDaily’s new spokesperson purportedly has sent an email in which she said she advised members after the seizure of tens of millions of dollars from Bowdoin’s bank accounts last year not to fill out the government form for victims.

    Sara Mattoon, whose name is listed in a court document filed by the Secret Service yesterday, also appears to be trying to influence members who filled out the form not to cooperate if contacted by the agency.

    “Soon after the ASD shutdown, the DOJ (Dept of Justice) set up a website for people to file a claim for the money they had in ASD,” Mattoon said in the email. “As soon as I heard about it, I told everyone not to do it because I could see what the Government was trying to do, but some people didn’t realize what it was and afterwards they regretted doing so.”

    Mattoon referenced an email sent out by ASD mainstay Robert Fava over the weekend. The email was distributed after the ASD case took a dramatic turn Friday, with filings by prosecutors that suggested ASD President Andy Bowdoin was trying to lie his way back into the civil forfeiture case with the aid of an attorney who was engaging in “fantasy.”

    Here is content from the email distributed by Fava, who was relating the experience of a fellow ASD member who apparently was contacted by the Secret Service recently.

    “I got this email today (see below) and called the guy,” the email said. “He is special task force with secret service. Calling because I submitted a claim for the funds I had put into ASD — I think it was a lady in Michigan who suggested at one time that I do the claim form. Later I wished I had not submitted it.

    “I asked what type of questions he wanted to ask and if he would email them to me so that I could review them with my attorney before answering them,” the email continued. “I told him the government was the only one who created victims by seizing the money illegally and shutting down ASD.”

    Quoting the agent, the email continued.

    “He said it sounds like I had an adversarial role with the government, and he could not send them. He said they were trying to talk to folks who had lost money in ASD, before arranging a personal visit with them. It sounds like they are wanting testimony to build a case for the government’s side.

    “I do not want to contribute to that effort, so thanked him and we ended the call,” the email concluded.

    In introducing the email, Fava said:

    “I wanted to share the following item which happened today to a gentleman in the ASD group.

    “Are any of you aware of this happening to others yet?

    “I assume the government is now trying to find people to speak out against ASD, especially since Andy’s recorded call.

    “This is the reason why I never encouraged filling out a government form . . . it’s just ammunition for them to use against ASD,” Fava continued.

    “Feel free to share this with your groups and mainly those that you know of that might have submitted a claim form on the government site thinking it was an innocent submission,” Fava’s email concluded.

    Fava was a constant presence on ASD training calls, members said. He once claimed he was making $1,000 a day through ASD.

    Mattoon’s email, combined with Fava’s and the remarks of the other ASD member, may raise serious questions about obstruction of justice.

    In her email, Mattoon did not mention recent filings by the prosecution. Nor did she mention the fact her name was included in a filing by the Secret Service yesterday — the transcript of a Bowdoin recording last week.

    Although Mattoon claimed in the email that “[t]he government does not seem to have the intention of giving the [seized] money back,” the record of the case plainly states otherwise in multiple places.

    Although it is clear that the government believes serious felonies have occurred and that Bowdoin is not entitled to benefit from his participation in crimes, prosecutors have pointed out that the government seeks to establish a restitution program for crime victims. Meanwhile, Judge Rosemary Collyer also has referenced the prosecution’s claims about the establishment of a program.

    Apart from court filings, the government even had advertised the existence of the prospective restitution program and has updated the information as the situation warranted.

    Regardless, Mattoon suggested the government planned to keep all the money, despite court filings and website updates that reinforce its desire to compensate crime victims.

    “[P]erhaps they were just looking for people they could try to identify as being victimized by ASD,” Mattoon said in the email, referencing the email from Fava.

    “If you get contacted, this is how this one ASD member handled it. It may be useful for you,” she said.